HomeMy WebLinkAbout05/06/2003, C11 - TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO. 2340 (TR 4-99), A 10-LO councilM..fi.D�
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CITY OF SAN LUIS 0 B I S P 0
FROM: John Mandeville,Community Development Dire
Prepared By; Michael Codron,Associate Planner
SUBJECT: TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING
TENTATIVE TRACT MAP NO. 2340 (TR 4-99)9 A 10-LOT
RESIDENTIAL CONDOMINIUM SUBDIVISION; 1720 JOHNSON
AVE.
CAO RECOMMENDATION
Adopt a resolution approving the requested one-year time extension to file the final map for
Vesting Tentative Tract Map No. 2340 (City File No. TR 4-99), based on the findings and
subject to all of the original conditions and mitigation measures associated with the tentative map
approval.
DISCUSSION
Situation
Vesting Tentative Tract Map 2340 was approved by the City Council on April 4, 2000 by
Resolution No. 9034 (Attachments 2 and 3). The State of California's Subdivision Map Act
(§66452.6) states that "an approved tentative map shall expire 24 months after its approval, or
after any additional period of time as may be prescribed by local ordinance" The City's
Subdivision Ordinance (§16.16.160-180) is consistent with the Act and provides a24-month life
with the ability for an applicant to request a time extension, not to exceed a total of two
additional years.
Normally, the tentative map for the project, commonly known as the Judge's Townhouses,
would have expired on April 4, 2002. However, development has been delayed because the
applicant has not been able to secure an off-site sewer easement, as required by City Council
Resolution No. 9034. Condition No. 5 of the approving resolution requires the developer to
relocate an existing sewer main onto the adjacent property, owned by the School District. The
sewer main serves only the School District's property on Lizzie Street, and is presently located
on the applicant's property in an easement. The School District has refused to relinquish the
easement and allow the sewer to be relocated onto their property. The Subdivision Map Act
(§66452.6(b)) states that such actions by government agencies constitute a building moratorium,
effectively extending the life of the tentative map approval (Attachment 4).
Council Agenda Report
TR 4-99 (Tract 2340 Time Extension)
Page 2
On, December 12, 2002, the applicant submitted a revised Final Map, with minor modifications
to the approved lot design so that all proposed buildings will be outside of the sewer easement
(Attachment 5). The submittal of the redesign effectively ended the moratorium and the Public
Work's Department set the approval to expire 120 days later, on April 11, 2003 (Attachment 6),
as provided for in the Subdivision Map Act. The applicant submitted a request for time
extension on March 19, 2003 (Attachment 7), which preceded the expiration date of the map by
approximately one month. The proposed one-year extension would be effective until April 11,
2004.
Data Summary
Address: 1720 Johnson Avenue
Applicant: Stephen and Ilene Sicanoff
Representative: Paragon Design and Building, Thomas G. Brajkovich,Architect
Zoning: R-2 (Medium Density Residential)
General Plan: Medium Density Residential
Environmental status: A Mitigated Negative Declaration was adopted by the City Council on
April 4, 2000.
Site Description
The site has an area of.952 acres. The rectangular-shaped property has an average cross-slope
of 11%. Vegetation on the site consists primarily of grasses and ornamental landscaping. There
are several large eucalyptus and pepper trees on the property, and two large palms. Other tree
species include oak, olive and cypress. The site is presently developed with the Judge's House, a
Master List Historic Resource. There are three other structures on the lot, containing a total of
five one-bedroom apartments. None of the other structures on the lot are individually listed in
the City's Inventory of Historic Resources.
Proiect Description
The project is a map to subdivide the existing a 0.952-acre site into 10 lots. Lot numbers 1
through 8 would each be developed with a two-bedroom townhouse with an attached garage. Lot
9 is a common parcel that includes a private access road and common open space areas,
including a lawn area proposed towards the center of the site. Lot 10 is the Judge's House parcel
which includes the historic Judge's House and a proposed three-car garage with a 2-bedroom
apartment above. The developers will be entering into an affordability agreement with the City
to insure long-term affordability of the apartment per the City's Inclusionary Housing
Requirement. Private yards are provided for each of the proposed units. No modifications to the
Judge's House are proposed as part of this project.
The revised project proposal eliminates the unit closest to Johnson Avenue and provides greater
setbacks along the project's northwest property line to avoid an existing sewer easement.
at [ 'a
Council Agenda Report U
TR 4-99 (Tract 2340 Time Extension)
Page 3
Evaluation
The proposed extension is consistent with the Council's previous approval of the subdivision.
Existing conditions surrounding the project have not changed and the project is still consistent
with the City's Subdivision Regulations, Zoning Regulations, and the General Plan. The changes
to the approved site plan include the elimination of one unit and greater building setbacks from
Johnson Avenue and along the northwest property line. The Public Works Department is
presently working with the applicant on the proposed Final Map, which should be ready for
Council review by the summer.
CONCURRENCES
The Public Works Department concurs with the recommendation to allow the one-year time
extension as provided for in the Subdivision Map Act.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. Prior to any approval for the project,
the City must find that the proposed project is consistent with the General Plan. Therefore, the
project, if approved, will have a neutral fiscal impact.
ALTERNATIVES
1. Deny the requested one-year time extension.
If the Council denies the time extension, the tentative tract map becomes null and void.
NOTE: The City Council may approve or deny the request for an extension of time.
However, the City Council may not change, delete or add conditions of
approval (El Patio v. Permanent Rent Control Board of the City of Santa
Monica, Court of Appeals, 2nd District Division 1, October 6, 1980).
2. Continue consideration of the request with direction on information needed to render a
decision.
Attachments:
Attachment 1: Vicinity map
Attachment 2: Vesting Tentative Tract Map No. 2340
Attachment 3: Council Resolution No. 9034, approving the tentative map
Attachment 4: Subdivision Map Act §66452.6(b)
Attachment 5: Letter Dated 3-19-03 from applicant requesting time extension
Attachment 6: Revised Project Site Plan and Letter from Bill Dyer, applicant's engineer
Attachment 7: Staff Correspondence—Robert Livick to Michael Codron, December 26, 2002
Attachment 8: Resolution "A" approving time extension
Attachment 9: Resolution `B" denying time extension G:/cd-plan/mcodron/counciVjudges time ext.docc1 2
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Attachment 3
RESOLUTION NO.9034 (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE VESTING TENTATIVE MAP FOR A 10-LOT RESIDENTIAL
CONDOMINIUM SUBDIVISION AT 1720 JOHNSON AVENUE
(TR 4-99; COUNTY TRACT MAP NO. 2340)
WHEREAS, the Planning Commission conducted a public hearing on September 8,
1999, and recommended approval of Vesting Tentative Tract Map 4-99; and
WHEREAS, the City Council conducted a public hearing on April 4, 2000 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan, the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact with Mitigation Measures as prepared by staff and reviewed by the
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration with Mitigation Measures adopted on August 3, 1999, and amended by the Planning
Commission on September 8, 1999, adequately addresses the potential significant environmental
impacts of the proposed project. The City Council hereby adopts the Negative Declaration with
Mitigation Measures.
SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative
Tract Map 4-99, and the Planning Commission's. recommendations, staff recommendations,
public testimony, and reports thereof, makes the following findings:
1. The design of the tentative map and the proposed improvements are consistent with the
General Plan and the proposed development plan because the map meets all of the
requirements of the Zoning Regulations and Subdivision Regulations and will support
development typical of areas designated on the General Plan Land Use Map as Medium-
Density Residential.
2. The site is physically suited for the type and density of development allowed in the R-2
zoning district.
3. The design of the subdivision and the proposed improvements, when evaluated in
conjunction with the proposed mitigation measures, are not likely to cause serious health
problems, substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat.
C( I �g
C Attachment 3
Resolution No. (2000 Series)
Page 2
4. The design of the subdivision or the type of improvements will not conflict with easements
for access through, or use of property within, the proposed subdivision.
5. The initial environmental study and mitigated negative declaration, ER 4-99, concludes that
the project will not have a significant adverse impact on the environment.
SECTION 3. Conditions. The vesting tentative map for Tract 4-99 (County Tract Map
No. 2340) is approved subject to the following conditions, and one code requirement:
1. The project shall comply with all of the requirements of the Residential Condominium
Development Ordinance and the Property Improvement Standards for New Condominium
Projects (SLOMC 17.82.140). Solar collectors for water heating and private storage areas
shall be reviewed and approved by the Architectural Review Commission.
2. The grading and drainage plan shall be modified to include measures to deal with water
draining from the field above the project, to the approval of the Chief Building Official.
3. The following conditions are provided to insure compatibility between the Fixlini Street right-
of-way, the existing school driveway, and the proposed driveway extension to the Judge's
Townhouses project, to the approval of the Public Works Director, the Community
Development Director, and the School District:
a) The existing 'Do Not Enter" signs at the end of Fixlini Street shall be removed and
positioned to the northwest of the proposed driveway extension.
b) All existing directional arrows on the driveway surface shall be removed.
c) A table-top/driveway ramp shall be installed northwest of the proposed driveway
extension.
d) Directional signage shall be installed to the northwest of the new table-top/driveway
ramp indicating that two-way traffic is ahead.
e) Directional signage and striping shall be installed so that vehicles exiting the school site
merge into a single lane prior to reaching the.new table-top/driveway ramp. The new
table-top/driveway ramp shall be designed to accommodate one vehicle at a time.
4. All mitigation measures included in the Mitigation Agreement signed by the Community
Development Director and the applicant, Stephen Sicanoff dated August 17, 1999, are
hereby included as conditions of approval.
5. A portion of the existing sewer main that serves the School District property and crosses
the project site in an easement is proposed to be abandoned. If this proves feasible, the
School District property shall be reconnected to the existing active gravity sewer system
located in the public right-of-way at the end of Fixlini Street. If this alignment is not
feasible because of the depth of the system serving the School District property, then the
existing sewer serving the school shall be realigned in an easement on School District
c�i -a
Attachment 3
Resolution No. (2000 Series)
Page 3
property, to the approval of the Utilities Director. As the need for this work is driven by the
redevelopment of 1720 Johnson, all costs associated with this work shall be the
responsibility of the developer.
6. The double-check detector check assembly(DCDC) shall be located adjacent to the public
right-of-way in Johnson Avenue to the satisfaction of the Fire Marshall and Utilities
Engineer.
7. Three separate 2" laterals will be required to serve the ten new residences, with meters
manifolded in groups of 4 or 3 meters per manifold. They need to be sized and placed at
appropriate locations along the Johnson Avenue frontage to minimize the distance to the
units from the water meters, to the approval of the Utilities Engineer.
8. The applicant shall install a gate at the Fixlini entrance which can only be opened by
residents of the complex and Police and Fire Departments; to the approval of the
Community Development Director.
9. A drainage easement shall be created for the cross-lot drainage disposal in the back yards of
lots 6, 7 and 8.
10. If there is an existing well, then the location shall be shown.
Code Requirements
1. A water allocation is required, due to the additional units. Currently, a water allocation can
only be obtained through the water retrofit program. The City's Water Conservation
division can help in determining the needed allocation and the necessary number of
retrofits. Water Conservation can be reached by calling 781-7258..
2. Water and Wastewater Impact Fees shall be paid at the time building permits are issued.
Both the Water and the Wastewater Impact Fees are based on the number of single family
units being built. The cost of developing an allocation through retrofit could offset a portion
of the required Water Impact Fee according to appropriate City policies.
3. Each lot/unit shall be provided a separate water, gas, electric, telephone and cable TV
service (a common sewer is allowed). Water services shall be manifolded in pairs,
whenever possible, in accordance with City standards.
4. New construction shall meet the setback requirements of the Uniform Plumbing Code
(UPC) table 7-7 for water wells, if a well exists.
5. Lots shall be developed with grades that comply with the Uniform Building Code (UBC)
appendix section 3315.4.
6. The subdivider shall pay Park-In-Lieu fees consistent with SLO Municipal Code Section
16.40.80.
Ci I -lo-
Attachment 3
Resolution No. (2000 Series)
Page 4
7. The subdivider shall meet the Inclusionary housing requirement consistent with the SLO
Municipal Code Section 17.91.
8. Traffic impact fees are required to be paid prior to the issuance of a building permit, with
credit for existing legal units.
9. Fire flow shall be in accordance with Appendix III-A of the 1999 California Fire Code.
The proposed location of the on-site hydrant is adequate. Hydrant shall be installed per
City Engineering Standards.
10. All new construction shall have automatic fire sprinklers installed per the Building Code.
It. Buildings undergoing demolition and construction shall be in accordance with Article 87 of
the 1999 California Fire Code.
Upon motion of Council Member Marx, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan,Marx, Romero, Vice Mayor Schwartz and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4th day of April 2000.
Mayor Xilen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
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1
Attachment S
From the Desk of Stephen & nene Sicanoff
1720 Johnson Ave.
San Luis Obispo,Ca 93401
March 19t°,2003
Michael Codron,Associate Planner
Community Development Department
990 Palm Street San Luis Obispo,Ca.93401
Subject:Tentative Map Extension for Tract 2340
Dear Michael:
Stephen&Ilene Sieano8 are requesting an extension of our tentative map for Tract
23409 commonly!mown as the Judge's Townhouses. The delay of our project is a
direct result of the San Luis Costal School DbtrW's hick of communication and
refusal to participate in our planning process as it pertained to moving a sewer that
they had originaW said we could move,to facilitate their own project that ended up
being canceled due to budget constraints.
Our project is back in plan cheek since Jan 2003,As of yet we have not received any
correction or comments from your department.
We understand that this has to go to the City Council hearing for approval by April
11m,2003.
Best Regards,
Ilene&Stephen Siranolf
TOTAL P.01
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Attachment 6
yVRD Engineering
Civil Engineering - Land Surveying
592 South 13th Street Phone: (805)481-1964
P. O. Box 432 FAX: (805)481-9146
Grover Beach CA 93483
RECEIVED
December 12, 2002 CITY OF SAN LUIS OBISPO
Robert Livick DEC 1 2 2002
Principal Civil Engineer
Public Works Dept PUBLIC WORKS DEPARTMENT
City of San Luis Obispo DEVELOPMENT REVIEW
955 Morro St.
San Luis Obispo CA 93401
Subject: Sicanoff; Tract 2340; Judges Townhouses; 3rd Submittal
Dear Robert:
Attached please find for your review:
-3 copies of final tract map
-3 copies improvement plans
-1 copy boundary inverses
-1 copy drainage evaluation
The project has been held up by unsuccessful negotiations with the San Luis School District
who would not allow the relocation of the sewer line on their property. As a result, the project
has been redesigned to reduce the number of units to 8. Indeed, other aspects of the project
which require the cooperation of the School District, such as the dedication and improvements
of Fixlini, may be difficult to complete.
According to our records, the last submittal check prints we had were returned to you with
submittal #2 back in February of last year. Other items such as the title report and retaining
wall calculations have previously been sent to you and should be good for the current submittal.
Please advise us as to the current expiration date on the Tract. According to my information,
the original expiration date was April 4, 2002 but was extended by the. City under Section
66452.6 (b) as the schools actions were considered to constitute a moratorium on the project.
Please feel free to call if you have any questions or need additional information.
Regards,,
William R. Dr
RCE 34581, ic. Exp. 9/30/03
cc: Thom Brajkovich
Michael Codron - Expiration of Tract 2430
Attachment 7
From: Robert Livick
To: Michael Codron
Date: Thu, Dec 26, 2002 3:46 PM
Subject: Expiration of Tract 2430
Michael,
As you remember the expiration date for Tract 2340 occurred on April 4, 2002. Subsequent to the
expiration the applicant's representative argued that actions of the San Luis Coastal Unified School District
constituted a moratorium under Government Code section 66452.6(b). The applicant is currently
requesting the current expiration date on the map. Section 66452.6(b)(3) states:
Once a development moratorium is terminated, the map shall be valid for the same period of time as was
left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less
than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
Therefore since the Map expired April, 4 2002 and WRD Engineering submitted a redesign of the project
on December 12, 2002 effectively terminating the moratorium, it is my opinion that the new expiration date
for Tract 2340 is 120 day from the resubmittal date or April 11, 2003.
Rob
Robert Livick, P.E. - Principal Civil Engineer
Public Works Department- Development Review
City of San Luis Obispo
955 Morro, San Luis Obispo CA 93401
(805) 781-7193 (805) 781-7198(fax)
rlivickeslocity.oro www.slocity.org
CC: Gil Trujillo; JerryKenny; Wrdes@pacbell.net
Attachment 8
Resolution "A"
RESOLUTION NO. (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP
FOR VESTING TENTATIVE TRACT MAP NO.2340
(1720 Johnson Avenue; City File No. 4-99)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of public testimony,
the subdivider's request, staff recommendations and reports thereon, found that the one-year time
extension is justified.
SECTION 2. Action. That a one-year time extension for filing the final map for
Vesting Tentative Tract Map No. 2372 is granted to April 11, 2004, subject to the original
findings and conditions of tentative map approval, as specified in City Council Resolution No.
9034 (2000 Series).
On motion of , seconded by , and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this day of , 2003.
r
Attachment 8
City Council Resolution No. (2003 Series)
Page 2
Mayor David F. Romero
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
'/�6� L0001 t
Gil Trujillo, Acting City Attorney
G:\cd-plan\mcodron\council\res\Tract 2340(approve extension)
all 19
0 Attachment 9
Resolution "B"
RESOLUTION NO. (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A ONE-YEAR TIME EXTENSION FOR FILING THE FINAL MAP
FOR VESTING TENTATIVE TRACT MAP NO.2340
(1720 Johnson Avenue; City File No. 4-99)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after. consideration of public
testimony, the subdivider's request, staff recommendations and reports thereon, found that the
one-year time extension is not justified because:
1. Circumstances surrounding the project have changed and the proposed
time extension is not consistent with original findings and conditions of
the project.
2. The project has been revised beyond the scope of the original approval and
a new tentative map must be submitted for the revised project to be
adequately evaluated.
SECTION 2. Action. That a one-year time extension for filing the final map for
Vesting Tentative Tract Map No. 2340 is denied.
On motion of seconded by , and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this day of , 2003.
cn .�;
C Attachment 9
City Council Resolution No. (2003Series)
Page 2
Mayor David F. Romero
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
0(14
Gil Trujillo,Acting City Attorney
G:\cd-plan\mcodron\council\res\Tract 2340(deny extension)
CII -o